Berger v. United States (1935)

• Berger = man indicted in a federal court for conspiring to make & pass counterfeit money
• Katz = a conspirator who became a state witness against Berger
• Berger protested that Katz had framed him
• Henry Singer = prosecutor in the U.S. Attorney's office in Brooklyn, New York

• At the criminal trial against Berger, the only witness against Berger was Katz
• 7 other witnesses vouched that Berger was an honest person
• In the trial, the prosecutor Henry Singer mis-stated facts and suggested the witnesses that made statements which they hadn't; thus, Singer was accused of prosecutorial misconduct
• In the trial, Berger impugned the character of Berger repeatedly
• The jury convicted Berger of conspiracy
• On appeal, the 2nd Circuit upheld Berger's conviction.

Is pronounced & persistent prosecutorial misconduct prejudicial & thus grounds for a new trial?

Yes; the cumulative effect of pronounced & persistent prosecutorial mis-conduct probably prejudices the jury & is, thus, grounds for a new trial

Reversed